(1) Where a person has in his or her possession, custody or control in the course of a business an illicit recording of a performance, a person having performer's rights or recording rights under this Part in relation to the performance may apply to the court for an order that the recording be delivered up to him or her or to such other person as the court may direct.
(2) An application shall not be made after the end of the period specified in section 146; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 145.
(3) A person to whom a recording is delivered up under an order under this section shall, if an order under section 145 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
(4) This section does not affect any other power of the court.